2000 S Purchasing - Purchasing - Bid Award for General Construction Renovation at the Planning and Agricultural Center

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lien. If such lien remains unsatisfied after payments are made, itself, to property which may arise out of or result from the the Contractor shall refund to the Owner all money that the Contractor's operations under the Contract, whether such Owner may be compelled to pay in discharging such lien, operations be by the Contractor or by a Subcontractor or any- including all costs and reasonable attorneys' fees. one directly or indirectly employed by any of them.This insur- ance shall be written for not less than limits of liability specified g payment in the Contract Documents or required by law, whichever claims by the Owner except those arising from: coverage is greater,and shall include contractual liability insur- .1 liens, claims, security interests or encumbrances aris- ance applicable to the Contractor's obligations under Paragraph ing out of the Contract and unsettled; 9.12. Certificates of such insurance shall be filed with the .2 failure of the Work to comply with the requirements Owner prior to the commencement of the Work. of the Contract Documents; or .3 terms of special warranties required by the Contract 17.2 The Owner shall be responsible for purchasing and main- taining the Owner's usual liability insurance. Optionally, the Documents. Owner may purchase and maintain other insurance for self- Acceptance of final payment by the Contractor, a Subcontrac- protection against claims which may arise from operations for or material supplier shall constitute a waiver of claims by under the Contract.The Contractor shall not be responsible for that payee except those previously made in writing and identi- purchasing and maintaining this optional Owner's liability fied by that payee as unsettled at the time of final Application insurance unless specifically required by the Contract for Payment. Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized ARTICLE 16 to do business in the jurisdiction in which the Project is PROTECTION OF PERSONS AND PROPERTY located,property insurance upon the entire Work at the site to the full insurable value thereof.This insurance shall be on an all- 16.1 The Contractor shall be responsible for initiating, main- risk policy form and shall include interests of the Owner, the taining,and supervising all safety precautions and programs in Contractor, Subcontractors and Sub-subcontractors in the connection with the performance of the Contract. The Con- Work and shall insure against the perils of fire and extended tractor shall take reasonable precautions for safety of, and shall coverage and physical loss or damage including,without dupli- provide reasonable protection to prevent damage,injury or loss cation of coverage, theft, vandalism and malicious mischief. to: 17.4 A loss insured under Owner's property insurance shall be .1 employees on the Work and other persons who may adjusted with the Owner and made payable to the Owner as be affected thereby; fiduciary for the insureds,as their interests may appear,subject .2 the Work and materials and equipment to be incor- to the requirements of any applicable mortgagee clause. porated therein; and 17.5 The Owner shall file a copy of each policy with the Con- .3 other property at the site or adjacent thereto. tractor before an exposure to loss may occur. Each policy shall The Contractor shall give notices and comply with applicable contain a provision that the policy will not be cancelled or laws, ordinances, rules, regulations and lawful orders of public allowed to expire until at least 30 days'prior written notice has authorities bearing on safety of persons and property and their been given to the Contractor. protection from damage, injury or loss. The Contractor shall 17.6 The Owner and Contractor waive all rights against each promptly remedy damage and loss to property at the site other and the Architect, Architect's consultants, separate con- caused in whole or in part by the Contractor,a Subcontractor,a tractors described in Article 12,if any,and any of their subcon- Sub-subcontractor, or anyone directly or indirectly employed tractors, sub-subcontractors, agents and employees, for dam- by any of them,or by anyone for whose acts they may be liable ages caused by fire or other perils to the extent covered by and for which the Contractor is responsible under Subpara- property insurance obtained pursuant to this Article 17 or any graphs 16.1.2 and 16.1.3,except for damage or loss attributable other property insurance applicable to the Work, except such to acts or omissions of the Owner or Architect or by anyone for rights as they may have to the proceeds of such insurance held whose acts either of them may be liable,and not attributable to by the Owner as fiduciary. The Contractor shall require similar the fault or negligence of the Contractor.The foregoing obliga- waivers in favor of the Owner and the Contractor by Subcon- tions of the Contractor are in addition to the Contractor's obli- tractors and Sub-subcontractors.The Owner shall require simi- gations under Paragraph 9.12. lar waivers in favor of the Owner and Contractor by the Archi- 16.2 The Contractor shall not be required to perform without tect, Architect's consultants, separate contractors described in consent any Work relating to asbestos or polychlorinated Article 12, if any, and the subcontractors, sub-subcontractors, biphenyl (PCB). agents and employees of any of them. ARTICLE 17 ARTICLE 18 INSURANCE CORRECTION OF WORK 17.1 The Contractor shall purchase from and maintain in a 18.1 The Contractor shall promptly correct Work rejected by company or companies lawfully authorized to do business in the Architect or failing to conform to the requirements of the the jurisdiction in which the Project is located insurance for Contract Documents, whether observed before or after Sub- protection from claims under workers'or workmen's compen- stantial Completion and whether or not fabricated, installed or sation acts and other employee benefit acts which are applic- completed, and shall correct any Work found to be not in able, claims for damages because of bodily injury, including accordance with the requirements of the Contract Documents death, and from claims for damages, other than to the Work within a period of one year from the date of Substantial Com- AIA DOCUMENT A107-ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION-AIACV -©1987 9 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.